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2021 (1) TMI 566 - HC - Indian LawsDishonor of Cheque - acquittal of accused - appellant submitted that the Trial Court after appreciating the evidence on record had convicted respondent no.2accused for the alleged offence under the said Act, which has been reversed by the Appellate Court by misinterpreting the evidence and solely on the ground that the respondent no.2accused had deposited ₹ 2,00,000/ towards compensation, interest and cost - HELD THAT:- It would be beneficial to refer to the decision of the Supreme Court in the case of M/S. METERS AND INSTRUMENTS PRIVATE LIMITED & ANR. VERSUS KANCHAN MEHTA [2017 (10) TMI 218 - SUPREME COURT], whereby it has been observed by the Supreme Court that though the compounding of offence requires consent of both the parties, even in absence of such consent, the Court, in the interest of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused. In the present case, though the respondent no.2 was convicted by the Trial Court, the Appellate Court acquitted him considering the fact that the respondent no.2 had deposited ₹ 2,00,000/ towards compensation alongwith interest and cost, which was four times amount of cheque in question, and therefore, it could be said that the complainant was fully compensated, applying the principle laid down in case of Meters and Instruments Pvt. Ltd. Thus, the impugned order passed by the Appellate Court being discretionary in nature following the judgment of Supreme Court, this Court is not inclined to interfere with the said impugned order passed by the Appellate Court. Appeal dismissed.
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